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Monday, March 17, 2003 4:44:49 PM
Thanks to Data for posting a transcript of the CC.
RICH FAGAN:From an accounting perspective, we will not record revenue associated with Nokia and Samsung agreements until all elements required for revenue recognition are met. We will, however, make appropriate disclosures to keep current and potential shareholders apprised of the potential impact these agreements could have on the company.
<snip>
TOM CARPENTER: I've got two final questions and I'll let some other folks get on the call. In the release, you talked about there's a period of review and negotiation and dispute resolution with regards to Nokia and Samsung. Could you give us a ballpark idea of the timeframe on that. Is that Summer 2003, end of 2003, for the period of review?
HOWARD GOLDBERG: Let me lay out how it works, Tom, and I'll answer your question. There is a period that is specified in terms of a specific number of days that I'm not at liberty to divulge, but as you can imagine, what we agreed on was a commercially reasonable period for review and discussion that is narrow enough to accommodate our needs and expansive enough to accommodate the needs of the other side. It is not a tremendously long period, and then after that if in fact we do not reach a resolution, and that's an IF at this point in time, we believe that the terms are pretty clear and we will have to see what happens in that discussion, but if need be, arbitration will be the means of having a neutral party to sign which party is in the right with respect to any opposing positions. If we were to go that far, it is possible that the final terms would not be set in 2003, but instead would fall over into the 2004 period. If we don't get engaged in an arbitration process, it would be the case that the rates would be established, and everything triggered from the rates would occur in 2003.
Since there is still substantial uncertainty it looks like they won't be revising 2002, although I would think they should be able to put a conservative estimate based on what is now known. Anything we can legitimately push back into 2002 will make the PE and growth figures more accurately reflect the true results of 2002 and 2003. It also will result in a better reception by those investors that like to plug in the numbers and compute trends and benchmarks.
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